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20 Pol tics FACEOFF While Igambang’mbe MP Muthomi Njuki backs the proposed changes saying we cannot put rights over security, Kakamega Senator Boni Khalwale flatly dismisses them as draconian and vows to use every means to ensure they do not take effect Muthomi Njuki PHOTO: FILE by Samwel Owino @owino_samwel and Dennis Lumiti @dlumiti Q : Do you support the radical amendments to security laws currently before Parliament? A: Yes, because the current structure and laws governing the security sector are wanting. For instance, the Inspector General enjoys tenure of office thus placing the President in a precarious position because everybody says the buck stops with the President while he can’t sack the IG, this must be changed. At the county level, we see dis- harmony between the Administration Police and the Regular Police. We don’t know who is in charge because the two have their own commanders making it difficult to have a coherent police service. Q: There are concerns that the amendments, if passed, would drastically curtail fundamental rights enshrined in the Constitution. Do you agree? A: I don’t agree with that because it is now a case of opportunity cost. We must ask ourselves as a country whether we are more concerned with our privacy at the expense of our security. We will amend some areas of the Bill so that NIS (National Intelligence Service) officers don’t actually interfere with the privacy of citizens but use the privilege solely for security purposes. It is because of these concerns that we were not able to avert the Westgate attacks because NIS officers were able to monitor the phone call conversations of the terrorists but could not act because they had to get a court order and those are things this Bill is seeking to address. showdown Q Security reforms Boni Khalwale PHOTO: FILE : Do you support the radical amendments to security laws currently be- Q: There are those who say the country does not need legal changes but rather addressing weaknesses in the security sector as well as corruption. What is your view? A: We cannot address the weaknesses if we don’t change the laws.The weaknesses will only be strengthened with stringent laws in place. Q: The nomination of Joseph Nkaissery as Interior CS has raised concerns the country is slowly being “militarised”. Do you support the appointment of former and current military commanders to top civilian jobs? A: No, they should not. Bringing a person from the military does not mean he will do miracles to solve our problems. He might just turn out to be as ineffective as the outgoing Inspector General and the former Interior Cabinet Secretary. fore Parliament? A: They are retrogressive, archaic, ill-intentioned and unconstitutional. This government wants to take us back to the (Jomo) Kenyatta and Moi era when there was no freedom of expression and association. Kenyans unanimously passed a new Constitution in 2010 in which they demanded, among other things, enhanced freedoms. Some people in this government are aware and afraid that Kenyans are increasingly getting to know about their rights and freedoms. The Bill is clearly poisonous to this country and we will use all legal means to ensure it does not become operational. Q: There are concerns that the amendments, if passed, would drastically curtail fundamental rights enshrined in the Constitution. Do you agree? A:This Bill states that, among others, if any Kenyan including leaders, wants to hold a public meeting, he or she must first seek the authority of the commissioner or police commander in that particular area. It takes us back to the period when a DC or OCPD was supposed to sanction any meeting in his or her jurisdiction. If, for instance, I defy the government officers concerned, I will be liable for a jail term of not less than 20 years. This was expunged in the new Constitution. The Bill also prohibits taking and sharing of photos from terror or other insecurity scenes. The penalty is the same. It will also kill media freedom because journalists will be jailed for publishing information regarded as too sensitive. Q: There are those who say the country does not need legal changes but rather addressing weaknesses in the security sector as well as corruption. What is your view? A: That is in fact sort of an answer. Corruption and tribalism are the chief causes of lethargy and inefficiency in the security agencies. Graft is the order of the day in the government and the people charged with protecting Kenyans. You have heard about what is going on in Somalia where the military is engaged in illicit trade in charcoal and sugar. Terrorists make their way into the country after bribing the security personnel at the borders. The government knows this and has instead turned a blind eye. Kenyans should be asking why some police officers, especially those at the border and airports, the Mombasa Port and other transit points, besides those in the traffic department, CID and anti-terror unit have amassed a lot of wealth. Q: The nomination of Joseph Nkaissery as Interior CS has raised concerns the country is slowly being “militarised”. Do you support the appointment of former and current military commanders to top civilian jobs? A: While some of the appointments would be based on merit, there is fear that the current regime is planting these people in those positions as their protection in the next elections. They want to instill fear among the masses. stitution in 2010 in which they demanded, among other things, enhanced freedoms. -Khalwale Kenyans unanimously passed a new Con- Saturday, December 13, 2014 / PEOPLE DAILY TODAY